Ware v. Ithaca Street Railway Co. — 188 N.Y. 556

Majority

p. 556

Alice P. Ware, as Administratrix of the Estate of Tilden H. Ware, Deceased, Respondent, v. Ithaca Street Railway Company, Appellant.

(Submitted March 6, 1907;

decided March 12, 1907.)

Headnote

Ware v. Ithaca Street Ry. Co., 110 App. Div. 923 , appeal dismissed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered

p. 557

January 20, 1906, which affirmed an order of Special Term setting aside a verdict in favor of defendant and granting a new trial in an action to recover for the death of plaintiff’s intestate alleged to. have been caused by defendant’s negligence.

E. A. Denton for appellant.

David M. Dean and Peter F. McAllister for respondent.

Appeal dismissed, with costs ; no opinion.

Concur: Cullen, Oh. J., Gray, Edward T. Bartlett, Haight, Willard Bartlett, Hiscock and Chase, JJ.